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### Viewing cable 10MEXICO75, INTER-AMERICAN COURT RULINGS PRESSURE MEXICO TO ADDRESS

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
10MEXICO75 | 2010-01-25 15:03 | 2011-01-28 21:09 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Mexico

`

    VZCZCXYZ0015
    RR RUEHWEB

    DE RUEHME #0075/01 0251525
    ZNR UUUUU ZZH (CCY AD149CD7 TOQ5928-695)
    R 251525Z JAN 10
    FM AMEMBASSY MEXICO
    TO RUEHC/SECSTATE WASHDC 0175
    INFO ALL US CONSULATES IN MEXICO COLLECTIVE
    RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
    RHMFIUU/CDR USNORTHCOM PETERSON AFB CO
    RHMFIUU/CDR USSOUTHCOM MIAMI FL
    RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
    RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
    RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
    RUEABND/DEA HQS WASHINGTON DC
    RUEAIIA/CIA WASHINGTON DC
    RUEHC/USAID WASHDC 0001
    RUEHME/AMEMBASSY MEXICO

` `

    UNCLAS MEXICO 000075

    SENSITIVE
    SIPDIS
    C O R R E C T E D COPY CAPTION

    DEPT FOR WHA DAS JACOBSON AND MEX DIRECTOR LEE, D STAFF CUE.
    NSC FOR O???REILLY AND RESTREPO

    E.O. 12958: N/A
    TAGS: PGOV PREL PHUM MX
    SUBJECT: INTER-AMERICAN COURT RULINGS PRESSURE MEXICO TO ADDRESS
    HUMAN RIGHTS ISSUES

    REF: 10 MEXICO 47; 09 MEXICO 3641

    INTER-AMERICAN COURT RULINGS PRESSURE MEXICO TO ADDRESS HUMAN
    RIGHTS ISSUES

    ¶1. (SBU) Summary: Two recent decisions by the Inter-American
    Court have forced international attention on perennial human rights
    problems in Mexico and put pressure on the GOM and its official
    human rights ombudsman to respond to criticism of its military
    justice system and its handling of gender violence. The first case,
    known as the Cotton Field case, deals with longstanding issues of
    violence against women in Chihuahua state. Reftel reviews the
    Radilla case which calls on Mexico to address inconsistencies
    between Mexico's constitution and the military's code of justice.
    End Summary

    ¶2. (SBU) In the Cotton Field case, the Court considered the
    violent murders of three young women from Ciudad Juarez, Chihuahua
    whose bodies were discovered in a local cotton field. The Court
    ruled Mexico had not done enough to investigate their deaths and
    had fabricated evidence to falsely convict two men. In light of
    the long pattern of violence against women in the northern border
    area, the Court found Mexico had violated the human rights of the
    female victims and their families. The Court ordered the GOM to
    strengthen its investigation of such cases and make symbolic
    gestures to the families and victims. With its condemnation of
    widespread gender violence in Ciudad Juarez, the Inter-American
    Court forces Mexico to recognize its failure to meet its human
    rights obligations. The decision is hardly a panacea for all of
    Mexico's human rights woes, but it should create space to address
    more effectively such challenges in the future. End summary.

    Background: The Case behind the Decision
    --------------------------------------------- -------------

    ¶3. (SBU) Since 1993, NGOs and human rights groups have reported an
    increase in disappearances and murders of young women in Ciudad
    Juarez. In 2007, the Inter-American Court considered the situation
    in Juarez for the first time. The case before the Court centered on
    three young women who were kidnapped and murdered within a month of
    each other. Laura Berenice Ramos Monarrez, a 17 year old high
    school student, was last heard from on September 22, 2001 when she
    called a friend to make plans for a party. Claudia Ivette Gonzalez
    was 20 and an employee at a local "maquiladora." When she arrived
    late to work on October 10, 2001, management refused to allow her
    to enter the factory and she disappeared later that day. Esmeralda
    Herrera Monreal was 15 and worked as a maid in the house of a local
    family. After leaving work on October 29, 2001, she disappeared.
    On November 6, 2001 the bodies of these three women, along with
    five others, were found in a cotton field in Ciudad Juarez. All of
    the women were between the ages of 15 and 20 and showed signs of
    rape and abuse.

    ¶4. (SBU) In March 2002, the victims' families, in coalition with a
    number of national and international NGOs, presented their case to
    the Inter-American Commission on Human Rights. In April 2007, the
    Commission issued a number of recommendations to the GOM. The
    Commission subsequently determined Mexico had not done enough to
    address its concerns and submitted the case to the Court in
    December 2007. During the trial, the families of the victims
    presented evidence that established that the GOM had neglected to
    conduct a thorough investigation into the victims' cases and had
    convicted innocent men. They claimed their daughters' human rights
    had been violated and that Mexico had allowed femnicide to occur
    with impunity.

    The Decision
    -----------------

    ¶5. (SBU) The Court extensively discussed various aspects of
    gender violence in northern Mexico and recognized 379 cases from
    1993 to 2005 as instances of violence against women, most of which
    have not been solved. In its decision the Court ruled that,
    "...The State had an obligation to ensure the victims were found as

    quickly as possible...the Court finds that the state's evidence did
    not prove efforts were made to quickly launch a search, mobilize
    institutions and mechanisms to obtain information...or carry out an
    effective investigation and prosecute those responsible.... The
    insufficient answers and indifferent attitudes of authorities in
    the investigation of these crimes, seem to have allowed the
    perpetual violence against women in Ciudad Juarez." The Court
    found that the victims in the Cotton Field Case were victims of
    gender violence based on the circumstances of their disappearances
    and evidence of abuse and rape, as well their ages, occupations,
    and social classes, which were consistent with local patterns of
    violence. In its decision the Court concluded, "The Tribunal
    considers the present case of violence against women a form of
    discrimination and declares the State violated the right to non
    discrimination contained in Article 1 of the American Convention."

    ¶6. (SBU) The Court ordered Mexico to fully investigate and
    prosecute the murders of Herrera, Gonzalez, and Ramos, and within a
    reasonable time frame, investigate and punish the public officials
    responsible for the irregularities in the case. (Note: During his
    nomination last year, Mexican Attorney General Arturo Chavez Chavez
    was criticized for his failure to address violence against women
    while he served as Attorney General of Chihuahua from 1996-1998.
    This criticism did not widely resurface in the press reporting on
    this decision. End note.) It also ruled the GOM must standardize
    and improve its response to cases of disappearances and violence
    against women and present a yearly update on these efforts.
    Moreover, it ordered the GOM to publicly acknowledge the victims in
    this case and other victims of gender violence by building a
    monument commemorating the victims, hosting a public ceremony in
    the victims' honor, publishing the decision in the "Diario Oficial"
    and a national newspaper, and paying restitution to the families.
    Finally, it ordered the creation of a database of victims to aid in
    tracking cases and a website the public can use to report missing
    persons.

    Implementation: GOM Will Rely on Chihuahua
    --------------------------------------------- ----------------

    ¶7. (SBU) Although the Court's decision obligates Mexico to
    improve its response to crimes against women, there has been no
    official public reaction from the GOM on the practical steps it
    plans to take to implement the Court's decision. According to POL
    sources, the GOM will look to the state of Chihuahua to assume the
    lead on implementing the prescribed actions. Jose Guevara,
    Director of the Unit for the Promotion and Protection of Human
    Rights at the Secretariat of the Interior (SEGOB), the office
    responsible for implementing Inter-American Court decisions, told
    Poloffs that Chihuahua will have to implement some procedural
    changes but indicated it should not be difficult to do so within
    the Court's one year deadline.

    Comment
    --------------

    ¶8. (SBU) Both cases before the Inter-American Court were the
    result of a dedicated effort by the families of victims, supported
    by civil society groups, to seek justice. There was no significant
    backing from the CNDH and the Mexican government resisted with
    counter arguments. The decisions have put new pressure on the GOM,
    the military and the CNDH to take or support remedial action. The
    CNDH, while helpful in documenting abuse, has often shied away from
    using the existing authority in its mandate to support victims and
    their families. The Ambassador is scheduled to meet with the new
    CNDH President, Raul Plasencia, to discuss ways to reinforce CNDH
    efforts in line with the our comprehensive strategy on human rights
    (ref B). In our working ongoing dialogue with the Mexican human
    rights community, several NGO's have focused on the CNDH and its
    new leadership as an area where much more can be done. End
    comment.
    FEELEY

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